Oscar Pistorius is now a convicted murderer. South Africa’s supreme court upgraded his original conviction of culpable homicide to murder. This technical difference between “murder” and “manslaughter” is also the difference between a life sentence in prison, or five years under “house arrest” in a private mansion.

Why are you bringing this up now?

Recent news has highlighted the importance of having the right people on your side.

Ray Hinton

Alabama, U.S: Anthony Ray Hinton, 58, has just walked free from death row (03.04.15) after 30 years behind bars. Hinton was convicted for murder but during his second trial, proper ballistic testing was carried out and proved that the bullets found at the crime scene could not have come from a weapon that Hinton owned.

What went wrong? The lawyer that Hinton had initially hired did not have sufficient qualifications or witnesses to challenge the ballistic tests first time round. Some have said that this conviction might have been avoided all together if Hinton could have afforded better legal representation. Others say it’s a good thing he was awarded with another trial.

What happens if you can’t afford any legal representation?

1. You could try your luck with a lawyer or attorney who legally must devote some time to pro-bono cases.

2. Firms or organisations who have been created solely to help those who can’t afford legal fees e.g. Legal Aid.

3. You’ll be appointed one by the government or state

This is most certainly not how it works globally, in developed countries like the US and UK, there are at least a few options, but because other countries are bound by different legal systems (common law, civil law, religious law, hybrid), they have their own methods for distributing representation on both civil and criminal cases.

In more recent news:

Andrew Chan with Myuran Sukumaran killed by firing squad

Indonesia, Bali: Two Australian drug smugglers, Andrew Chan and Myuran Sukumaran were convicted of trying to smuggle heroin back into Australia from Bali in 2005 and were sentenced to death in 2006. Chan and Sukumaran sat on death row trying to exhaust every possible legal avenue before the execution. They suffered several blows in their appeals. On 29th April 2015, both Chan and Sukumaran were killed by a firing squad in Indonesia. They were among eight people who died, including four Nigerians and men from Brazil and Indonesia, despite international outrage and diplomatic interventions. A mother from the Philippines was granted a last-minute reprieve.

Indonesian authorities recognised that they have a right to defend their lives but when the President, Mr Widodo has categorically prioritised executing capital punishment for crimes such as these. It is difficult to wangle your way out of it. How can Australian law not override Indonesian law when the criminals are Australian?Even with a team of lawyers, human rights organisations and Australian political figureheads publicly calling for a ‘stay of execution’ it essentially comes down to my turf my rules.

Closer to home:

Lindsay Sandiford in Indonesia

Lindsay Sandiford has been on death row in the same Balinese prison since 2012 for crimes relating to drug trafficking. Sandiford knew Chan and Sukumaran well and spoke very highly of them.

Sandiford fears that she will be subjected to the same fate later this year.

How it works:

A firing squad, made up of 12 officers, they are called Brimob in Indonesia, will be five to 10 metres away and will shoot their M16s when given the order. Only some of the officers will have live rounds so they never know who fires the fatal shot. Officers have to be selected and their selection is based on their mental and physical health.

Taking no more than five minutes, the executioners follow a strict and strategic plan, once the firing is complete, bodies are then transported to bathing facilities and placed in coffins and treated according to their respective religious tradition.

After performing the execution, officers undergo three days of classes that include spiritual guidance and psychological assistance. Officers find the shooting the easiest part of it, dealing with the psychological effects is harder.

How do you guys feel about the death penalty, should it remain legal in certain countries, has it deterred people from committing crime? How do you think the executioners really feel about the judicial system as a whole?